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UNITED STATES v. BERRY

No. 80-7233.

644 F.2d 1034 (1981)

UNITED STATES of America, Plaintiff-Appellee, v. Donald H. BERRY, Gregory A. Stripling and Robert Walser, Defendants-Appellants.

United States Court of Appeals, Fifth Circuit. Unit B

Rehearings Denied June 24, 1981.

Attorney(s) appearing for the Case

Thomas M. Haas, J. D. Quinlivan, Jr., Mobile, Ala., for Berry.

Willis W. Holloway, Jr., Mobile, Ala., for Stripling.

Barry Hess, Virginia A. Johnston, Daniel L. McCleave, Mobile Ala., for Walser.

W. A. Kimbrough, Jr., U. S. Atty., E. T. Rolison, Jr., Asst. U. S. Atty., Mobile, Ala., for plaintiff-appellee.

Before GODBOLD, Chief Judge, MORGAN and HENDERSON, Circuit Judges.

LEWIS R. MORGAN, Circuit Judge:

Appellants, Donald H. Berry, Gregory A. Stripling, and Robert Walser, were convicted of engaging in the business of dealing in firearms without a license in violation of 18 U.S.C. § 922(a)(1) and § 924(a),1 and conspiracy to engage in the business of dealing in firearms without a license in violation of 18 U.S.C. § 371.2 Defendants were each convicted of one count...

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